Hi,

Russ Nelson wrote:
> On Jul 3, 2009, at 7:20 AM, Elizabeth Dodd wrote:
>> It's a public site, no passwords, no sign up required to read it, so  
>> it's for
>> the public to read.
> 
> What if somebody posts hate speech (for the USAmericans)?
> What if somebody adds Nazi party mapping parties to the calendar (for  
> the Germans)?
> What if somebody invites women and men to a mapping party in Saudi  
> Arabia?
> 
> The question isn't "what legal text do we need?" but is instead "What  
> legal risks do we expect the OSMF to have to defend itself against?"  

And what exactly would be the risks of the above? If we are alerted to a 
hate speech etc., we'll remove it (and I believe no matter what our Ts 
and Cs say, we will have to remove it). So what risk would any Ts and Cs 
mitigate and how?

What if, god forbid, someone organises a mapping party in China, we 
would probably have to ban that via our Ts and Cs, wouldn't we? Because 
mapping is illegal there?

> and if we then decide that some risks are too large to accept, "What  
> legal text do we need to ameliorate that risk?"  The OSMF has no a  
> priori control over what gets posted via email to OSM editors

...and that's why no sane court would assume it has responsiblity. At 
least here in Germany if you operate a bulletin board or something, you 
are expected to remove illegal content when you find it or are alerted 
to it, but nobody will be held responsible for stuff their users post 
without their knowledge (unless you are proved to operate a site that 
explicitly invites e.g. Nazi contributions and then play innocent).

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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